IN THE CASE OF:
BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130008169
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his separation date as 2 January 1968 vice 2 January 1967.
2. The applicant states, in effect, his separation date is incorrect.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States for a 2-year term on 20 January 1966. He held military occupational specialty 11B (Light Weapons Infantryman).
3. He served in Vietnam from on or about 4 February 1967 to on or about 30 December 1967.
4. Special Orders Number 2, issued by Headquarters, U.S. Army Personnel Center, Oakland, CA, on 2 January 1968, relieved the applicant from active duty effective 2 January 1968 and transferred him to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
5. He was honorably released from active duty on 2 January 1968. He completed 1 year, 11 months, and 13 days of total active service. Item 11d (Effective Date (of Separation)) of his DD Form 214 shows the entry "2 JAN 67 (2 January 1967).
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The applicant was released from active duty on 2 January 1968 after having completed 1 year, 11 months, and 13 days of active service. It appears his DD Form 214 inadvertently listed his date of separation as 2 January 1967 vice 2 January 1968. Therefore, his DD Form 214 should be corrected to show his correct separation date.
BOARD VOTE:
___x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 11d of his DD Form 214 the entry "2 Jan 67" and replacing it with the entry "2 Jan 68."
____________x______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130008169
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ABCMR Record of Proceedings (cont) AR20130008169
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